PAAB issues advisory on advertising referring to “no sub” / “no substitution”

Smart & Biggar

In October 2020, the Pharmaceutical Advertising Advisory Board (PAAB) released an advisory addressing references to “no sub” or “no substitution” in advertising materials. The advisory states that advertisers are permitted to indicate in promotional material that prescribers can write “no sub” on a prescription but should not suggest that writing “no sub” will guarantee that the patient will receive the prescribed brand name product. A patient may not end up receiving such product for a variety of reasons, including the patient opting for a generic product and due to conditions for reimbursement. A disclaimer indicating limitations and conditions should also be included as part of the fair balance requirement under the PAAB Code of Advertising Acceptance. The advisory provides an example of language that is acceptable and language that is not acceptable to include in promotional material and an example of a disclaimer.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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